ACT Supreme Court sentences John Paul Garay to five years' jail for historical child sex offences

John Paul Garay, in his early 60s, appeared in the ACT Supreme Court on Friday after a judge-alone trial in 2021 found him guilty of eight child sex offences he committed in the 1980s.

The crimes, which included two rapes of a boy who used to stay with Garay during school holidays, all occurred at the offender's home in Wanniassa.

They also included six counts of indecent acts. The offender was acquitted of other sex charges.

The victim told police he slept in Garay's bed and that the offender, then aged between 26 and 28, sexually assaulted him every time this happened, with the exception of one occasion.

In her sentencing, Justice Loukas-Karlsson said "the court recognises the serious, long-lasting and tragic effect of the crimes on the victim".

"It must be recognised by the court that offences committed against the victim had a significant and grave impact upon him," she said.

The judge said the two victim impact statements detailed significant consequences, including on the victim's education and well-being during his life.

The court heard the victim battled PTSD and depression and was medically discharged from his employment.

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Justice Loukas-Karlsson said the objective seriousness of the offending included the age difference of more than 10 years and the emotional vulnerability of the victim.

She said other factors included the abuse happening while the victim slept in the offender's house and "the offender being in a position of trust as a family friend and father figure to the victim".

She said the offending was premeditated for Garay's sexual gratification.

"I note that no remorse has been expressed concerning the victim and therefore remorse is not a mitigating factor relevant to the sexual offences against the victim," Justice Loukas-Karlsson said.

The judge also took into account the offender's mental health but said it was "not such that a sentence of imprisonment should not be imposed".

With a non-parole period of three years and having the jail term backdated to March to account for his 88 days in pre-sentence custody, Garay will be eligible for release in early 2025.

Garay, who is marked as a prisoner at risk, was also sentenced for possessing child exploitation material, to which he pleaded guilty.

The judge described that offending as "not victimless crimes".

"Both the short- and long-term consequences of being a victim must be acknowledged," she said.

Following her sentence, Justice Loukas-Karlsson spoke directly to Garay, telling him "the offences you committed are serious" and reiterating to him the length of his jail term.

Garay had tried to stave off his sentencing twice pending an appeal.

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